§ 32-15-22 — Assessment of damages

The jury, or court, or referee, if a jury is waived, must hear such legal testimony as may be
offered by any of the parties to the proceedings and thereupon must ascertain and assess:
1. The value of the property sought to be condemned and all improvements thereon
pertaining to the realty and of each and every separate estate or interest therein. If it
consists of different parcels, the value of each parcel and each estate and interest
therein shall be separately assessed.

2. If the property sought to be condemned constitutes only a part of a larger parcel, the
damages which will accrue to the portion not sought to be condemned by reason of its
severance from the portion sought to be condemned and the construction of the
improvement in the manner proposed by the plaintiff.
3. If the property, though no part thereof is taken, will be damaged by the construction of
the proposed improvement, the amount of such damages.
4. If the property is taken or damaged by the state or a public corporation, separately,
how much the portion not sought to be condemned and each estate or interest therein
will be benefited, if at all, by the construction of the improvement proposed by the
plaintiff, and if the benefit shall be equal to the damages assessed under subsections
2 and 3, the owner of the parcel shall be allowed no compensation except the value of
the portion taken, but if the benefit shall be less than the damages so assessed the
former shall be deducted from the latter and the remainder shall be the only damages
allowed in addition to the value of the portion taken.
5. As far as practicable, compensation must be assessed separately for property actually
taken and for damages to that which is not taken.